Deportation

(asked on 23rd November 2020) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps her Department is taking to ensure that people who are being considered for deportation have access to (a) sufficient legal support and (b) contact with family members.


Answered by
Chris Philp Portrait
Chris Philp
Minister of State (Home Office)
This question was answered on 30th November 2020

Those being deported will have been provided with the opportunity to raise claims, prior to their deportation. The UK only ever returns those who the Home Office and, where applicable, the courts are satisfied do not need our protection and have no legal basis to remain in the UK. Any new legal representations made whilst an individual is detained are considered carefully and in accordance with the law.

Detained individuals are advised of their right to legal representation, and how they can obtain such representation, within 24 hours of their arrival at an Immigration Removal Centre (IRC).

The Legal Aid Agency (LAA) operates free legal advice surgeries in IRCs in England. Individuals who are detained are entitled to receive up to 30 minutes of advice regardless of financial eligibility or the merits of their case. There is no restriction on the number of surgeries an individual may attend. If an individual who is detained requires substantive advice on a matter which is in scope of legal aid, full legal advice can be provided if the statutory legal aid means and merits criteria are met. Following a change of operations in line with Government advice on social distancing, the LAA Detained Duty Advice scheme is currently operating by phone. Detained individuals who wish to access this service are asked to advise centre staff, who will notify the duty solicitor under the scheme. The duty solicitor will contact the individual directly.

All individuals in immigration removal centres are provided with a mobile phone and have access to landline telephones, fax machines, email and video calling facilities which can be used to contact legal advisers. Social visits to IRCs and Short-Term Holding Facilities have been paused in light with the latest Government restrictions. Detained individuals are being encouraged to utilise virtual means of social contact including video calling, email and mobile telephone; additional weekly mobile phone credit is being provided to support continued social contact in these unprecedented times.

In exceptional circumstances, and for individuals facing imminent removal from the UK face to face legal and social visits can occur where other means of contact (video calling, telephone, email) are not feasible.

Reticulating Splines